OSM CCB Placement in Coal Mines - Proposed Rulemaking

1. OSM CCB Placement in Coal Mines - Proposed Rulemaking John R. Craynon, P.E. Chief, Division of Regulatory Support Office of Surface Mining Reclamation and Enforcement Washington, DC

2. What are CCBs? • Boiler slag • Bottom ash • Fluidized bed combustion materials • Flue gas desulfurization materials • Fly ash

3. Mine Placement Economic Realities Limited to: • Low transportation cost situations • Mine mouth power plants • Small power plants without RCRA disposal facilities • Beneficial applications

4. Volumes of CCBs placed at mines • Around 1.4% of all generated CCBs placed in mines • CCBs placed equal to 0.15% of coal mined • Beneficial use cases: 5% of coal volume replacement • Mine mouth power plants: maximum 25% of coal volume

5. History • OSM has been working on CCBmine placement issues for a number of years • 1994 Interagency Cooperation • 1996 Policy Statement • Mine placement is an acceptable practice under SMCRA • IMCC, OSM, EPA have been meeting regularly since 1999 to formulate regulatory approaches

6. OSM CCB Activities • Hosted six interactive forums on CCBs • Publication of Forum Proceedings • Provided assistance to ASTM • Developed CCB Website

7. Regulatory History • 1988 EPA Report to Congress • No Subtitle C regulations needed • 2000 EPA Regulatory Determination • No Subtitle C regulations needed • RCRA, SMCRA or a combination

8. EPA Information Gathering • Risk assessment of groundwater data • CCB damage case information • No SMCRA mine site damage cases • Field investigations • Comparison of RCRA and SMCRA requirements • 2002 public listening sessions hosted by EPA, OSM and IMCC

9. NAS Study • Directed by Congress • Focused on coal mine placement • Focused on identifying risks • Released in March 2006

10. SMCRA Regulatory Background • No explicit regulatory provisions related to CCBs in SMCRA • CCB placement subject to all permitting and performance requirements

11. OSM Rulemaking Process • Advanced Notice of Proposed Rulemaking (March 2007) • Proposed Rulemaking (2008?) • Currently at OMB for approval • Final Rulemaking (2009?)

12. ANPR • Sought comments on intention to propose rule • Looked for input on what rule should address • Over 1,700 comments received, about 40 of which were substantial

13. Comments received on ANPR • Coal industry/Electrical utilities • OSM/SMCRA States should regulate • Incorporate into existing regulatory structure • Allow for flexibility

14. Comments received on ANPR • States • States have experience • Rules should be flexible and build on existing program • Look at characterization of material and site • Reflect beneficial use of CCBs

15. Comments received on ANPR • Individuals/environmental organizations • SMCRA not intended to regulate waste disposal • Rules must also follow RCRA • OSM should prepare an EIS • Follow NRC recommendations

16. Proposed Rulemaking • Proposed rules based solely on existing SMCRA authorities • Proposed rules draw from existing regulations • Proposed rules collect CCB placement requirements into a few sections, make implicit requirements explicit, and add new requirements as necessary

17. Rulemaking Content • Title V • Permitting • Bonding • Monitoring • Performance Standards

18. Rules (cont.) • Title IV (AML) • Limited to sites using AML Fund monies • Information requirements • Analysis/Design requirements

19. OSM Rulemaking Approach • OSM worked with EPA and states to develop proposal • OSM considered ANPR comments and technical input • Proposal allows what works to continue and adds only what is needed

20. OSM Goals in rulemaking • Balance need for coal and opportunity to enhance mining and reclamation with CCB placement • Ensure protection of the public and environment • Enhance reclamation of mined lands

21. NOTE • Proposed rule has not been cleared by OMB and is subject to change • OSM has no control over or idea when the proposed rule will be published

22. Potential Areas to be Addressed Types of placement to be covered • Placement in mined-out area • Use in construction or reclamation of waste disposal facility • Return of CCBs to coal refuse reprocessing facility

23. Potential Areas to be Addressed Exceptions • Use of CCBs as soil amendments • Use of CCBs for road building • Placement of CCBs in underground mine voids • Placement of CCBs under a RCRA permit • Placement before issuance of final rules

24. Potential Areas to be Addressed Regulatory Review of Permits • Regular review of permits with CCBs after placement begins • Ensure compliance with the plan and regulatory requirements

25. Potential Areas to be Addressed Permit application requirements • Spell out specific information needed when CCBs are to be placed

26. Potential Areas to be Addressed • Potential permit application requirements • Maps • Right to place CCBs • Descriptions and cross-sections of placement

27. Potential Areas to be Addressed • Permit application requirements (cont.) • Volumes of CCBs to be placed • Info on the source of CCBs • Type of CCBs to be placed • Tests and analyses required

28. Potential Areas to be Addressed • Permit application requirements (cont.) • Parameters to be tested for • Baseline hydrologic information • Geologic descriptions of placement areas

29. Potential Areas to be Addressed • Permit application requirements (cont.) • Surface and groundwater flow info • Hydrological modeling info • Anticipated effects of CCBs on water

30. Potential Areas to be Addressed • Determinations and findings • Set out RA responsibilities in permitting • Requirement for written finding on suitability of CCB placement

31. Potential Areas to be Addressed • Permit revisions • Permit revisions that include placement of CCBs are significant and require public involvement • Addresses concern in NRC report

32. Potential Areas to be Addressed • Bonding • Add new requirement for amount and duration of groundwater monitoring data showing no adverse trends prior to bond release

33. Potential Areas to be Addressed • Performance Standards • Adds several specific requirements • Address concerns from NRC report, comments received on ANPR, and other input

34. Potential Areas to be Addressed • Performance standards • Regular testing • Testing when source or character of CCBs changes • Groundwater monitoring requirements

35. Potential Areas to be Addressed • Performance standards (cont.) • Remedial action requirements • RA review of monitoring • Contemporaneous reclamation requirements

36. Potential Areas to be Addressed • Performance standards (cont.) • Prohibitions on creation of excess spoil as a result of CCB placement • Requirement for minimum cover • Requirement for prevention of air and water pollution resulting from placement

37. Potential Areas to be Addressed • Abandoned Mine Lands • Add new requirements for projects funded under Title IV which contemplate CCB placement • Requirements generally adopt same approach for AML projects as for Title V • Proposal must recognize unique nature of AML

38. Comment period • OSM will likely be proposing a 60-day comment period • We expect requests for extension • OMB review may result in expanded or contracted comment period

39. EPA Rulemaking • EPA will address the few coal sites outside of SMCRA jurisdiction • Operations not classified as “coal mines” • AML sites with no SMCRA involvement • OSM has worked closely with EPA • Minefilling rules under SMCRA and EPA rules will complement each other